Spills, Slips and Falls – How Long is Too Long for a Spill to Remain?

Slip and fall cases often involve spilled substances that leave floors slippery. In fact, Florida has a specific statute that addresses premises liability for “transitory foreign substances in a business establishment” – that is, stuff that spills on the floor that causes people to fall and be injured. Recently, Florida’s Third District Court of Appeal ruled for the defendant in a case in which a woman slipped and fell on a detergent spill at Publix Super Markets because of the short duration of the spill.

Premises liability

A Florida business owner owes a business invitee, such as a store patron, two duties:

The duty to warn of concealed dangers that are or should be known to the owner but are unknown to the invitee and cannot be discovered in the exercise of reasonable care; and

The duty to use ordinary care to maintain its premises in a reasonably safe condition. (See Dominguez v. Publix Super Markets, Inc.)

With respect to spills, the statute requires a person injured in a fall on a spilled substance to show that the business owner had actual or constructive knowledge of the spill and should have taken steps to remedy it. (See Fl. Stat. §768.0755.) The plaintiff can prove constructive knowledge by circumstantial evidence that:

The dangerous condition (e.g., the spill) existed for such a long time that the business owner should have known about it; or

The condition occurred with regularity and therefore was foreseeable.

Dominguez v. Publix Super Markets

Caridad Dominguez slipped and fell on a laundry detergent spill in a Publix store. A video recording of the aisle where she fell showed that a store manager was examining shelves at the opposite end of the aisle when the detergent bottle fell. When he heard the crash, the manager ran to the spill. The video shows that he righted the bottle nine seconds after it fell. Four seconds later, before the manager could clean the spill, Dominguez turned into the aisle and fell on the spilled detergent. The manager’s back was to Dominguez when she entered the aisle. Altogether, from the spill to Dominguez’s fall, thirteen seconds elapsed.

The court noted that Publix did not breach its duty to warn of nonobvious hazards because the spill in question was obvious. Rather, the court considered whether Publix had breached its duty to maintain the premises in a reasonably safe condition. Based on the fact that mere seconds had passed before a manager began to remedy the situation and Dominguez fell, the court held that Publix was not negligent and therefore not liable.

Consult a West Palm Beach Premises Liability Lawyer

Shoppers and patrons do not expect to be injured because of unsafe conditions at the premises of the business they frequent, but it happens all too often. If it happens to you, the experienced, dedicated West Palm Beach premises liability attorneys of Lesser, Lesser, Landy & Smith, PLLC, can help you obtain compensation for your injuries. Contact us for a consultation about your case today.

Verdicts &Settlements

$100 Million

Wrongful Death

$20.7 Million

Drunk Driving Accident verdict

Multi-Million Dollar Settlement

Medical Malpractice

What Our Clients are Saying About Us

“I want to thank you so much for the personal interest you took in helping me with my accident cases. Your competence, concern and magnanimity are extraordinary. We appreciate the investment of your time and resources. The office staff was exceptionally helpful and capable as well.”

— Shaina

“I first used Gary about 17 years ago on a motorcycle accident by a referral. Gary handled everything very professionally from the start and kept me informed from the beginning. Now again I find myself in another situation needing an attorney. I returned to Gary. Believe me I was very nervous from the first time I used him, but now I find myself at ease with him. Calls and questions quickly answered by his office. He is successful for a reason…..GREAT WORK!!! I promise you will be happy.”

— Ernesto

“Joe Landy and his associates were by far the most dedicated and professional attorneys one could ask for. Joe was compassionate and very thorough. With his leadership and his control of the courtroom he attained a settlement for my case the likes of which had never been awarded before. I wouldn’t change one thing about my experience with Joe Landy. He is a professional and a gentleman.”

— Peggy

“I lived in Port St. Lucie, and Chad Hastings met me at their Stuart office. I did not think I had a good case because a speeder hit my car when I was driving across a street in PSL. But Chad was really aggressive about getting witnesses and taking photos and he was able to convince State Farm that they had to tender the entire policy limits. He was pretty quick in my case too. For “a small lawyer and the “small firm” he works with, I got a big result.”

Stuart

Boca Raton

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

No content on this site may be reused in any fashion without written permission.